1As a general proposition, the unlawful infliction of grievous bodily harm, particularly repeatedly kicking a victim in the face while he lies on the ground, calls for a sentence involving full-time imprisonment to recognise the harm done, denounce the conduct and deter others, especially young men who use illicit drugs.
2On the facts, full-time custody was not required where a lengthy offence-free period was accompanied by structural protective factors: leaving a drug-using social network, abstinence, and stable family support. Together with the offender's intellectual disability and anxiety, which made him vulnerable to exploitation in custody and a less suitable vehicle for general deterrence, this justified an intensive correction order. The case was not a 'crossroads' case because the offender was already well down the road towards a law-abiding life.
3Where a lengthy period has elapsed since the offending, an apparent failure to accept responsibility recorded in a presentence report carries less weight. The offender's actual conduct in the intervening years provides direct evidence of rehabilitation, reducing the need to predict future behaviour. Parity with a co-offender's sentence may be the most significant influence on sentence length, with a lesser starting point justified by a lesser role and post-offence rehabilitation.
